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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: us supreme court Year: 1937 Page 2 of about 44 results (0.144 seconds)

May 24 1937 (FN)

Senn Vs. Tile Layers Protective Union

Court : US Supreme Court

Decided on : May-24-1937

..... ; that they should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts; that no impediment should be interposed to the pursuits of anyone except as applied to the same pursuits by others under like circumstances; that no greater burdens should be laid ..... business. conceding the truth of that statement, the union nevertheless persistently declined to modify its demands. the president of local no. 5 testified that, if plaintiff did not sign the contract, it would do everything "to harass and put things in his way;" that it intended to announce to the world that he is a nonunion contractor and, on that account ..... the inclusion of the provision was essential to the unions' interests in maintaining wage standards and spreading work among their members; and, moreover, that to eliminate article iii from the contract with senn would discriminate against existing union contractors, all of whom had signed agreements containing the article. as the unions declared its elimination impossible, senn refused to sign page 301 ..... to conduct a union shop to assent to the following provision: "article iii. it is definitely understood that no individual, member of a partnership, or corporation engaged in the tile contracting business shall work with the tools or act as helper, but that the installation of all materials claimed by the party of the second part as listed under the caption .....

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May 24 1937 (FN)

Steward Mach. Co. Vs. Collector

Court : US Supreme Court

Decided on : May-24-1937

..... still be valid. we are to keep in mind steadily that the conditions to be approved by the board as the basis for a credit are not provisions of a contract, but terms of a statute, which may be altered or repealed. 903(a)(6). the state does not bind itself to keep the law in force. it does not even ..... ) that there was an attempt to regulate production without the consent of the state in which production was affected, and (3) that the payments to farmers were coupled with coercive contracts (p. 297 u. s. 73 ), unlawful in their aim and oppressive in their consequences. the decision was by a divided court, a minority taking the view that the objections were ..... difficulty is whether the administrative provisions of the act invade the governmental administrative powers of the several states reserved by the tenth amendment. a state may enter into contracts; but a state cannot, by contract or statute, surrender the execution, or a share in the execution, of any of its governmental powers either to a sister state or to the federal government ..... thinnest air when the deposit is conceived of as dependent upon a statutory consent, and not upon a contract effective to create a duty. by this we do not intimate that the conclusion would be different if a contract were discovered. even sovereigns may contract without derogating from their sovereignty. perry v. united states, 294 u. s. 330 , 294 u. s. 353 ; 1 .....

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May 17 1937 (FN)

Aetna Ins. Co. Vs. Kennedy to Use of Bogash

Court : US Supreme Court

Decided on : May-17-1937

..... was not in force at that time. kennedy was not merely a designated beneficiary to whom was payable, as specified, insurance obtained by the bank. the mortgagee clause created a contract of insurance between him and the company, and effected separate insurance upon his interest. [ footnote 8 ] page 301 u. s. 396 defendants do not claim that they gave kennedy any ..... , p.l. 286, should move for such a judgment, not merely for a new trial. p. 301 u. s. 394 . 7. a mortgagee clause in a fire policy creates a contract of insurance between the mortgagee and the insurer upon the mortgagee's separate interest. p. 301 u. s. 395 . 8. policies of fire insurance, taken out by a second mortgagee .....

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Apr 26 1937 (FN)

Boseman Vs. Connecticut Gen. Life Ins. Co.

Court : US Supreme Court

Decided on : Apr-26-1937

..... u. s. 588 ; minnesota association v. benn, 261 u. s. 140 , 261 u. s. 145 ; aetna life ins. co. v. dunken, 266 u. s. 389 , 266 u. s. 399 ; hartford indemnity co. v. delta & pine land co., 292 u. s. 143 , 292 u. s. 149 . [ footnote 13 ] see note 11 cf. royal arcanum v. green, 237 u. s. 531 , 237 u ..... is governed by pennsylvania law or texas law. petitioner and other insured employees were not parties to, nor did they have any voice in, the negotiation or consummation of the contract. the terms of the policy were settled by the oil corporation, and respondent. eligible employees were given opportunity upon specified conditions to have insurance by giving payroll deduction orders ..... oil corporation and respondent intended, and the policy definitely declares, that pennsylvania law should govern. undoubtedly, as between employer and insurer, pennsylvania law controls. [ footnote 1 ] "in every forum, a contract is governed by the law with a view to which it was made." [ footnote 2 ] but the precise issue for decision is whether, as between petitioner and insurer, the policy ..... insurance protection to which the employee is entitled. . . . the policy and the application of the employer . . . and the applications of the employees, if any, shall constitute the entire contract between the parties. . . . this contract is issued and delivered . . . in the commonwealth of pennsylvania and is governed by the laws of that commonwealth." defendant was not writing disability, life, or group insurance in .....

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Apr 26 1937 (FN)

Herndon Vs. Lowry

Court : US Supreme Court

Decided on : Apr-26-1937

herndon v. lowry - 301 u.s. 242 (1937) u.s. supreme court herndon v. lowry, 301 u.s. 242 (1937) herndon v. lowry nos. 474 and 475 argued february 8, 1937 decided april 26, 1937 301 u.s. 242 appeals from the supreme court of georgia syllabus 1. a federal constitutional question going to the validity of a conviction of crime under a state statute was not decided on an appeal to the state supreme court because not properly raised ( see herndon v. georgia, 295 u. s. 441 ). afterwards, that court considered the question and decided it against the convict, in a habeas corpus proceeding. held, that the scope of habeas corpus, in the circumstances, was a local question, and that the ruling on the federal question was open to review by this court. p. 301 u. s. 247 . 2. a state statute punishing as a crime the acts of soliciting members for a political party and conducting meetings of a local unit of that party, where one of the doctrines of the party, established by reference to a document not shown to have been exhibited to anyone by the accused, may be said to be ultimate resort to violence in the indefinite future against organized government, unwarrantably invades the liberty of free speech and so violates the fourteenth amendment. p. 301 u. s. 260 . 3. the power of a state to abridge freedom of speech and of assembly is the exception, rather than the rule; and the penalizing even of utterances of a defined character must find its justification in a reasonable apprehension of .....

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Apr 26 1937 (FN)

Oppenheimer Vs. Harriman Nat'l Bank and Trust Co.

Court : US Supreme Court

Decided on : Apr-26-1937

..... of the word "engagement." plaintiff's claim is for the money the bank fraudulently got from him and used in its business. clearly, that liability is covered by the phrase "contracts, debts and engagements." [ footnote 12 ] the construction for which the defendant contends cannot be sustained. 4. there remains the question whether plaintiff's judgment is entitled to share equally ..... the bank, and will of necessity come out of the money paid by shareholders. it calls attention to 64, which declares that stockholders shall be held individually responsible for all "contracts, debts, and engagements" of the bank. but that contention misconstrues the judgment directed below. it is to be "collectible out of the assets of the receivership after payment in ..... maturity, it would repurchase at par value and accrued interest. we held the agreement repugnant to 24 (seventh), requiring sales to be without recourse. the sale was a valid executed contract; the bank's promise to repurchase was forbidden by law, and therefore void. the purchaser, chargeable with knowledge of the statute, could not invoke estoppel. the statutes relied on ..... the security of its own capital stock, nor be a purchaser or hold its shares unless the security or purchase shall be necessary to prevent loss upon a debt previously contracted; it requires that the stock so obtained shall be sold within six months. defendant suggests that, save as otherwise definitely authorized, these provisions require that the outstanding stock of .....

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Apr 12 1937 (FN)

Nlrb Vs. Jones and LaughlIn Steel Corp.

Court : US Supreme Court

Decided on : Apr-12-1937

..... goods flowing from or into the channels of commerce." "the inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract, and employers who are organized in the corporate or other forms of ownership association substantially burdens and affects the flow of commerce, and tends to aggravate recurrent business ..... the act does not compel agreements between employers and employees. it does not compel any agreement whatever. it does not prevent the employer "from refusing to make a collective contract and hiring individuals on whatever terms" the employer "may by unilateral action determine." [ footnote 12 ] the act expressly provides in 9(a) that any individual employee or ..... . we also pointed out that, as conceded by the government, [ footnote 11 ] the injunction page 301 u. s. 45 against the company's entering into any contract concerning rules, rates of pay and working conditions except with a chosen representative was "designed only to prevent collective bargaining with anyone purporting to represent employees" other than the ..... manufacturing processes, "are changed substantially as to character, utility and value." the finished products which emerge "are to a large extent manufactured without reference to preexisting orders and contracts, and are entirely different from the raw materials which enter at the other end." hence, respondent argues that, "if importation and exportation in interstate commerce do not singly .....

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Mar 29 1937 (FN)

MartIn Vs. National Surety Co.

Court : US Supreme Court

Decided on : Mar-29-1937

..... liability is ended. the purpose of the statute "was not to dictate to the contractor what he should do with the money received on his contract after the contract had been performed." hobbs v. mclean, supra. a transfer of a warrant has need to be accompanied by safeguards lest the assignor may avoid ..... is argument to the contrary. according to that argument, the moneys were to be assigned in the event of default in the performance of the contract between the contractor and the government, and not upon the failure to pay persons other than the government who had claims against the contractor for materials ..... the grounds chosen, though narrower than those assigned below, may be expected to be helpful as a guide in other cases. the proceeds of the contract, when collected by martin under his power of attorney, were received by him with knowledge of the agreement between the contractor and the surety whereby such ..... was one of partnership. it placed its ruling upon the broad ground that, apart from any assignment or any statute, the proceeds of a building contract are chargeable in favor of materialmen with an equitable lien, which attaches upon collection, even if not before, and which cannot be overridden at the ..... assign the payments to the surety in the event of any breach or default in the contract, the proceeds to be credited upon any loss or damage. * there page 300 u. s. 591 was also a covenant of indemnity, and a covenant that, in the event of the filing of any liens, there would .....

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Mar 29 1937 (FN)

West Coast Hotel Co. Vs. Parrish

Court : US Supreme Court

Decided on : Mar-29-1937

..... to sell. . . . in all such particulars, the employer and employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land." in the adkins case, we referred to this language, and said that, while there was no such thing as absolute ..... . 398 with the new york statute providing for minimum prices for milk, the general subject of the regulation of the use of private property and of the making of private contracts received an exhaustive examination, and we again declared that, if such laws "have a reasonable relation to a proper legislative purpose, and are neither arbitrary nor discriminatory, the requirements ..... quantity rates upon the basis of screened coal instead of the weight of the coal as originally produced in the mine ( mclean v. arkansas, 211 u. s. 539 ); in prohibiting contracts limiting liability for injuries to employees ( chicago, b. & q. r. co. v. mcguire, supra ); in limiting hours of work of employees in manufacturing establishments ( bunting v. oregon, 243 u. ..... regulations designed to insure wholesome conditions of work and freedom from oppression. p. 300 u. s. 393 . 3. the state has a special interest in protecting women against employment contracts which through poor working conditions, long hours or scant wages may leave them inadequately supported and undermine their health; because: (1) the health of women is peculiarly related to the .....

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Mar 29 1937 (FN)

United States Vs. Madigan

Court : US Supreme Court

Decided on : Mar-29-1937

..... .c. 518, relates to all insurance policies "heretofore or hereafter issued, reinstated, or converted." it declares that all such policies shall be incontestable, and provides: "that the insured under such contract or policy may, without prejudicing his rights, elect to make claim to the bureau or to bring suit under 19 of this act on page 300 u. s. 503 any ..... to recover total permanent disability benefits under a contract of war risk term insurance. while in the military service of the united states in the world war, he acquired a term policy of war risk insurance. on november 1 ..... . 300 u. s. 506 . 85 f.2d 609 reversed. certiorari, 299 u.s. 538, to review a judgment affirming a recovery of total disability benefits in a suit on a contract of war risk term insurance. page 300 u. s. 501 mr. justice stone delivered the opinion of the court. respondent brought this suit in the district court for southern california ..... prior contract or policy, and if found entitled thereto, shall, upon surrender of any subsequent contract or policy, be entitled to payments under the prior contract or policy." respondent elected to claim under his original policy, presumably because the rate of premiums for the term .....

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